Post-Separation Travel with Children
During the school holidays, many families look forward to travelling abroad. While the summer holidays might be over, at Axis Solicitors we continue to receive a growing number of enquiries from separated parents about the legal aspects of travelling with their children. We have compiled this concise blog post, as many parents appear to be unaware of the rules for post-separation travel with children, which still apply even for a short holiday.
It is important to understand: Removing a child from the UK without the consent of all individuals with parental responsibility (typically the other parent) or a court order is a criminal offence. To help you avoid any legal complications, we have compiled essential guidance to ensure a smooth and compliant holiday with your children.
1. Obtain Written Consent
If you plan to travel abroad with your children, it is vital to approach the other parent well in advance—preferably before any travel arrangements are made. Request their written agreement for the trip, clearly specifying the dates, destination, and details of the arrangements. Even if you already have standing permission, securing explicit consent for the specific holiday can prevent issues at the border.
2. Consider Non-Court Dispute Resolution (NCDR)
When an agreement cannot be reached between both parents, Non-Court Dispute Resolution (NCDR) options, such as mediation or arbitration, should be considered. These methods are typically faster, more cost-effective, and less stressful than taking the matter to court.
- Mediation provides a neutral platform where both parents can discuss their concerns with the help of a qualified mediator, seeking to find common ground.
- Arbitration is particularly useful for resolving single issues like international travel, with an arbitrator making a binding decision that both parents must adhere to.
3. Apply to Court Well in Advance
If an agreement cannot be reached and NCDR options are not suitable, you may need to apply to the court for a Specific Issue Order. The court will always prioritise the child’s best interests when making its decision. Common reasons for refusing consent might include concerns about the risk of abduction or the child being away from their usual routine for an extended period of time.
It is essential to make such applications well in advance of your planned travel to avoid any delays or complications.
4. Contact the Police in Emergencies
If you have refused consent for your child to travel but suspect the other parent may attempt to take them abroad without your permission, you must act swiftly. If travel is imminent, contact the police immediately for assistance. For less urgent concerns, you can apply to the court for a Prohibited Steps Order to prevent the child from leaving the UK without the court’s express permission.
5. Consider a Child Arrangements Order
If disputes over travel are ongoing, or if the other parent is using consent as leverage—particularly if they do not regularly spend time with the children—consider seeking a Child Arrangements Order. This court order will formally establish that the child lives with you and help resolve issues related to future travel.
6. Carry Additional Documents When Travelling
If you are travelling alone with a child who has a different surname, border control officers may ask for proof of your relationship with the child. In addition to the other parent’s written consent, carry a photocopy of the child’s birth or adoption certificate. If you have changed your name since the child’s birth, be sure to bring documentation that evidences the name change.
Seek Early Legal Advice
When disagreements about post-separation travel with children arise, early legal advice is essential to protect your rights and the best interests of your children. At Axis Solicitors, our experienced family law solicitors are ready to offer clear and affordable advice, guiding you through the legal process to achieve the best possible outcome.
